Victims of Sexual Crimes

Let us look at the types of sexual crimes that affect victims.

Sexual violence does not refer only to physical-contact crimes such as rape or indecent act by compulsion.

It covers all physical and mental violence inflicted against the other person's will.

-Sexual intercourse accompanied by assault or threat (rape)
-Unwanted physical contact (indecent act by compulsion)
-Sending obscene messages or obscene photos (obscenity via telecommunication media)
-Illegal filming (hidden-camera footage), and its distribution and storage
-Molestation in a public place

✅ Sexual violence is punished regardless of the victim's gender or age, or the relationship with the offender (even between spouses).

Let us look at how victims of sexual crimes can report sexual violence harm.

If you have suffered sexual violence, it is important to report it or ask for help as soon as possible at one of the agencies below.

▶Main Reporting Agencies and Contacts

Victims of sexual crimes should not try to solve the problem alone, and they can receive legal and psychological support through the counseling agencies below.

1. Sexual Violence Victim Counseling Center

-Functions: Counseling, receiving reports, connection to protection facilities, referral to medical institutions, requesting legal aid, investigation and research, prevention education, etc.
-Nationwide counseling center search: Available on the Ministry of Gender Equality and Family website

2. Sexual Violence Victim Protection Facility

-Functions: Temporary protection and living support, counseling, self-reliance support, etc.

3. Women's Emergency Line 1366

-Phone number: ☎ Area code + 1366 (e.g., 02-1366 for Seoul)
-Counseling hours: 24 hours, year-round
-Services: Emergency counseling, connection to protection facilities, connection to medical and legal support, etc.
-Operating agency: Ministry of Gender Equality and Family
-Nationwide center information: Available on the Ministry of Gender Equality and Family website

Here is how to file a complaint against a person who has committed sexual violence.

✔ Persons Entitled to File a Complaint

-The victim of sexual violence
-The victim's legal representative
-The victim's spouse, lineal relatives, or siblings
-These complainants may also file through a representative such as an attorney.

✔ How to File a Complaint

A complaint may be filed in the following ways.

-Oral complaint: A statement made before a prosecutor or judicial police officer
-Written complaint: Preparing and submitting a written complaint

✔ Exceptions to Complaint Restrictions

As a general rule, you cannot file a complaint against your own or your spouse's lineal ascendants (parents, parents-in-law, and the like), but for sexual violence crimes, filing a complaint is exceptionally permitted.

✅ Sexual Violence Is No Longer a 'Crime Requiring a Complaint to Prosecute'

After the law was amended on June 19, 2013, the complaint-requirement provision was deleted for sexual violence crimes such as rape, indecent act by compulsion, and imitative rape, so the investigative authorities may bring a public prosecution even if the victim does not file a complaint.

✅ Statute of Limitations for Sexual Violence: It May Be Extended or May Not Apply at All

✔ Extension of the Statute of Limitations (Where There Is Scientific Evidence Such as DNA)

For the following crimes, where there is scientific evidence such as DNA, 10 years are added to the existing statute of limitations.

-Rape and imitative rape, indecent act by compulsion, quasi-rape and quasi-indecent act by compulsion, and the like
-Rape and similar crimes causing injury or resulting in injury, and murder or resulting in death
-Sexual intercourse or indecent act against a minor, sexual intercourse by abuse of authority, and the like
-Special rape, rape by a relative, sexual violence against a person with a disability, sexual violence against a person under 13, and the like

✔ Non-Application of the Statute of Limitations (That Is, 'No Statute of Limitations')

The statute of limitations does not apply to the following crimes.

-Where a sexual violence crime (rape, indecent act, and the like) occurs together with the crime of murder
-Where special rape, rape by a relative, sexual violence against a person with a disability, or a sexual violence crime against a person under 13 leads to murder
-Where a person who has committed sexual violence murders an active-duty soldier or a person performing military service

Here is how victims of sexual crimes can claim compensation.

Here is how victims of sexual crimes may respond.

These are response steps that a victim can organize on their own.

1. Identify the Circumstances of the Incident

Record the date and time, place, specific details, the relationship with the offender, and the like.

2. Organize the Results You Want

e.g., punishment of the offender, separation from the harm, damages, and the like

3. Review the Pros and Cons of Each Resolution Method

Criminal complaint, civil lawsuit, sending a certified letter, adjustment of interpersonal relationships, and the like

4. Select Resolution Methods and Set Priorities

Choose starting with the most urgent response.

5. Make Your Requests Specific

Organize, by item, what you will demand from the offender and the measures you hope for from the relevant institution or those around you.

6. Prepare a Response Plan If the Offender Refuses

Consider in advance the alternatives, such as legal measures, that you can take if your requests are refused.

7. Carry Out the Chosen Response Procedure

Take practical measures such as filing a criminal complaint, obtaining legal advice, and arranging counseling appointments.

For victims of sexual crimes, the initial statement submitted to the investigative authorities (statement, complaint, victim interview) becomes key evidence in a later trial, so it is very important to organize the facts as accurately and consistently as possible.

If the initial statement differs from later statements, the offender's side may attack this as a 'false report' or 'false accusation.'

CCTV footage, text messages, social media messages, call recordings, and the like may be deleted or become difficult to recover over time.

You should secure evidence as quickly as possible right after the incident, or have it analyzed with the help of experts such as those in digital forensics.

This firm provides a one-stop service through which sexual crime attorneys collect the evidence needed for sexual crime cases by working together with the evidence investigation and digital forensics center.

Through Daeryun, we hope you receive support ranging from legal assistance to the recovery of daily life.